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I sold my Go kart to a high school kid and his parents want a refund.

Grand Junction, CO |

I sold my Go-kart to a high school kid down my street I believe he is 17 years old. When he was at my house i mentioned that I can't give him a refund. A few days later him and his parents are calling me and at my door step. They want a refund and are threatening me with court. what do I do in this situation? Am I required to refund them?

Attorney Answers 3

Posted

The link below may be helpful to you.

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L. Maxwell Taylor

L. Maxwell Taylor

Posted

The following annotation of case law appears below the text of the statute: Contract entered into by minor is not void but only voidable by the minor, and on reaching the age of 18 one is required either to disaffirm a contract made during minority within a reasonable time, or be bound thereby. Jones v. Dressel, 40 Colo. App. 459, 582 P.2d 1057 (1978), aff'd, 623 P.2d 370 (Colo. 1981).

L. Maxwell Taylor

L. Maxwell Taylor

Posted

Another annotation: As matter of public policy, courts have protected minors from improvident and imprudent contractual commitments by declaring that the contract of a minor is voidable at the election of the minor after he attains his majority. Jones v. Dressel, 623 P.2d 370 (Colo. 1981).

Posted

The issue is whether or not you can actually have a binding contract with someone under the age of 18. Usually the answer is no, but it sometimes depends on the circumstances. It is impossible to tell from the facts given.

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Posted

As previously stated, you can't have a binding contract with a 17-year old. As a result, there is no contract. You will likely need to refund the money (and he'll have to return the go-kart).

Any response is not legal advice and should not be considered legal advice. Always consult an attorney in your state or jurisdiction, as laws vary from state to state.

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